Catchwords:

SUCCESSION — Family provision — Approval of release — Whether release is “fair and reasonable” under s 95(4)(c) of the Succession Act 2006 (NSW) — Evidence of value of assets and liabilities of deceased estate and relevant parties

CIVIL PROCEDURE — Parties — Persons under legal incapacity — Application to adduce further evidence on appeal to support legal incapacity — Application refused

CONTRACTS — Formation — Deeds — Whether deed was delivered in escrow — Whether primary judge erred in finding that deed was delivered in escrow when issue not raised in terms by the parties — Whether deed was incomplete — Intention to be bound by deed on condition that deed becomes effective only upon execution by other party — Mutual assent to be bound by terms of the deed